"Too many tree care workers are being hurt or killed by well-known industry dangers that can be prevented if employers take the necessary precautions," said Dr. David Michaels, assistant secretary of labor for occupational safety and health. "Employers have a responsibility to ensure workers are protected on the job—this includes providing training and making sure workers have the right tools to stay safe."
In the first, OSHA's investigation found that his employer should have prevented him from being in the tree trimming area or "drop zone." In the other, a worker fell 65 feet when the trunk of the tree he was working on snapped in half. OSHA determined that the employer could have prevented this incident by performing a preliminary examination of the tree before starting work.
The bulletin also lists safety precautions for employers to use before they begin any tree care operations, which include:
- Assess the worksite for fall and falling object hazards
- Have a qualified arborist survey the worksite
- Determine if workers will need to climb or use aerial lifts
- Establish drop zones where there is a hazard of falling objects
- Take steps to protect workers from falling object hazards
- Establish visual and audible communications with overhead and ground workers
- Have emergency procedures in place
- As part of emphasis programs in Delaware, Pennsylvania, Maryland, the District of Columbia, Virginia, West Virginia, Ohio, and Illinois, OSHA will target inspections and direct outreach and compliance resources to the tree trimming and clearing industry.
EPA’s New Solvent Wipe, Shop Towel Rule Demystified
EPA’s new rule now provides significant new exclusions for shop towels and wipes, provided you manage them correctly.
- Does the rule apply to both cloth and paper wipes and rags?
- What solvents can be on the towels, and which are prohibited?
- Does the rule also apply to towels that contain characteristic hazardous waste?
- Can P or U-listed wastes be on the towels?
- How must the towels be stored on-site?
- Do they need to be tested for anything?
- How long can they be stored?
- How must the containers be marked or labeled?
- How must they be prepared for transportation?
- Where can you ship them and what are the disposal and recycling options?
- What are the documentation requirements?
- How is the new rule impacted by current state regulations?
Safety Tip of the Week recipients can attend for just $99.
How to Implement OSHA’s Globally Harmonized Hazard Communication Standard (GHS)
OSHA has issued a final rule revising its Hazard Communication Standard, aligning it with the United Nations’ globally harmonized system (GHS) for the classification and labeling of hazardous chemicals. This means that virtually every product label, safety data sheet (formerly called “material safety data sheet” or MSDS), and written hazard communication plan must be revised to meet the new standard. Worker training must be updated so that workers can recognize and understand the symbols and pictograms on the new labels as well as the new hazard statements and precautions on safety data sheets.
Dayton RCRA and DOT Training
Macon RCRA and DOT Training
Cleveland RCRA and DOT Training
Buchman Lumber Co. Exposes Workers to Amputation, Noise Hazards, Fined $145,200
A complaint investigation found workers at Buchman Lumber Co., LLC, were exposed to excessive noise and amputation hazards at the Springbrook lumber plant.
Employee exposure to excessive noise can lead to permanent, disabling injury," said Mark Hysell, OSHA's area director for Eau Claire. "In addition, injuries related to machinery and equipment often result in death or permanent disability. Employers have a responsibility to conduct hazard assessments of their workplaces, to implement proper procedures for equipment use, provide the necessary protective equipment and train workers in safe operation."
OSHA initiated a complaint investigation in December 2013 and expanded it to a comprehensive inspection of the entire facility because of the number and magnitude of hazards found.
. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirement, or with plain indifference to employee safety and health.
Buchman Lumber was cited for 13 serious violations, including multiple incidents of failing to provide adequate machine guarding on shafts, belts, pulleys, saws, conveyors and drives. Other violations involved failing to develop and train workers in a hazard communication program, electrical safety violations and failing to conduct assessments for required personal protective equipment and permit-required confined spaces.
A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.
OSHA Provides On-Site Assistance for Cleanup and Recovery Workers Following Tornadoes
As residents recover from the damage caused by the recent tornadoes and severe storms in Pilger, Nebraska; Sioux City, Iowa; and other areas of Nebraska and western Iowa, OSHA urges recovery workers, employers and the public to exercise caution during cleanup and recovery efforts.
OSHA will provide compliance assistance at disaster sites to workers and the public to let them know about the hazards they may encounter, as well as the steps they should take to stay safe and healthy.
"Our main concern is the safety of the workers and volunteers conducting cleanup activities. OSHA staff will be on the ground in storm areas to provide compliance assistance," said Bonita Winingham, OSHA's area director in Omaha. "Workers are exposed to a wide array of hazards during storm recovery efforts that can be minimized by knowledge, safe work practices and the use of personal protective equipment."
Hazards involved in cleanup work may include: illness from exposure to contaminated water or food; downed electrical wires; carbon monoxide poisoning and electrical shock from portable generators; and fall and struck-by dangers from tree-trimming or working at heights. Additionally, people can be caught in unprotected excavations or confined spaces; suffer burns, lacerations or musculoskeletal injuries; and face exposure to dangerous materials and being struck by traffic or heavy equipment.
OSHA also reminds employers that they are responsible for providing safe and healthy workplaces. Employers are required to protect workers from the anticipated hazards associated with response and recovery operations.
Gillespie Lumber Ltd. Exposes Workers to Serious Hazards, Fined $125,000
The proposed penalty for this follow-up inspection, which began in January, is $125,282.
"By failing to fix hazards previously cited, Gillespie Lumber continues to expose workers to possible injuries from machines that require safety guarding. Failure to protect workers from these hazards is unacceptable," said David Doucet, OSHA's area director in the Houston North Area Office.
The employer was cited for seven failure-to-abate violations, with a penalty of $98,640, for electrical hazards and failing to guard rotating parts, the point of operation on machines, belts, pulleys, chains, sprockets, and rotating shafts. A failure-to-abate notice applies to a condition, hazard or practice found upon reinspection for which the employer was originally cited and was not corrected.
Three serious repeat violations, with a penalty of $26,180, were cited for failing to provide fall protection and guard belts, pulleys and the point of operation of machines.
Gillespie was cited for three repeat violations, with a penalty of $462, for failing to follow listing and labeling instructions on electrical equipment, electrical disconnects for motors, and branch circuits. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule, or order at any other facility in federal enforcement states within the last five years. Similar violations were cited in August 2013.
Acadian Fine Foods LLC Fined $121,660 for Overexposing Workers to Carbon Dioxide
The food processor faces $121,660 in proposed fines for failing to protect workers from overexposure to carbon dioxide, dangerous machines, and other safety hazards.
"Acadian Fine Foods exposed employees to levels of carbon dioxide that were at least four times above the permissible exposure limit. This glaring neglect of worker health and safety will not be tolerated," said Dorinda Folse, OSHA's area director in Baton Rouge. "OSHA's safety and health standards must be followed to prevent worker injuries and fatalities. It is the employer's responsibility to find and fix these hazards."
That penalty, which the employer settled in May, was $15,400. However, a health referral was made based on employees being exposed to unsafe levels of carbon dioxide, which resulted in the December 2013 inspection.
With a penalty of $38,500, one willful citation was issued for exposing workers to carbon dioxide levels deemed life threatening that were above the eight-hour time-weighted average of the permissible exposure limits. The employer failed to implement proper controls to reduce the carbon dioxide levels in the plant and provide workers with adequate respiratory protection.
One repeat violation, with a penalty of $10,780, was cited for failing to ensure an electrical panel box was enclosed to eliminate worker exposure to live electrical wires. A similar violation was cited in the April 2012 inspection.
McDonald's Franchisee In Upstate New York Agrees To Pay $10K To Employee Who Was Fired When He Reported Gas Leak To Fire Department
New York Attorney General Eric T. Schneiderman announced a settlement with Warrenone, Inc., a franchisee operating four McDonalds restaurants in Wayne and Monroe counties. The settlement resolves the Attorney General's investigation into the illegal firing of an employee at Warrenone's Lyons, New York location.
An investigation by the Attorney General’s Office found that on April 8, 2013, a part-time minimum-wage employee of the restaurant made multiple attempts to report a gas leak. When his supervisors did not address the situation, he reported the leak to the Lyons Fire Department. Responding firefighters and local law enforcement both confirmed that there was a gas leak, and the store was temporarily closed to the public for the night. While the firefighters were at the restaurant investigating the leak, two supervisors informed the employee that he was fired.
New York Labor Law Section 740 forbids employers from retaliating against an employee for reporting to a supervisor or to the authorities when an employer violates a law that poses a substantial and specific danger to public health and safety. The public health and safety issue reported here—a gas leak—involved a violation of provisions of the New York State Fire Code, among other things.
"It's outrageous that an employee would be terminated for contacting the local authorities about a serious safety risk. He should be thanked, not fired," said Attorney General Schneiderman. "Workers who try to protect the public and their fellow employees deserve protection, and the state should have their back."
As a result of this settlement, the company will pay $10,000 in restitution, which constitutes approximately one and one half years' worth of front pay in lieu of reinstatement for the discharged employee. Lost compensation was already obtained through enforcement by the federal Occupational Safety and Health Administration (OSHA) on May 17, 2013. Labor Law Section 740 does not provide for additional liquidated damages.
In addition to payment of restitution, Warrenone will create and implement procedures for complaints, and investigation of complaints, regarding health and safety in its restaurants. Warrenone will also report quarterly to the Attorney General about any health and safety complaints, and about the management’s response to those complaints.
Two Companies Cited for Willful and other Violations after Temporary Worker Injured
Maplewood Beverage Packers, LLC, and temporary employment agency Corporate Resource Services Corp., in Elizabeth have been cited by OSHA for health and safety violations found at the beverage bottling company's Maplewood plant. OSHA's December 2013 investigation, which found willful and repeat violations, was initiated following a referral from the Maplewood Fire Department after a temporary worker was injured after falling from a ladder. OSHA has proposed $182,270 in penalties.
"Host employers and staffing agencies are jointly responsible for ensuring worker safety and health," said Kris Hoffman, director of OSHA's Parsippany Area Office. "Employers must protect all workers from job hazards-both permanent and temporary workers."
OSHA cited Maplewood Beverage with one willful, one repeat, 17 serious and two other safety and health violations. The willful health violation was for not providing employees with annual audiograms. This violation carries a $54,450 penalty.
Carrying $101,970 in penalties, the serious safety and health violations included excessive noise; slip, trip and fall hazards; and the beverage bottling company's failure to do the following:
- Develop and implement an emergency response plan for employees required to respond to spills of hazardous substances
- Implement a hazard communication program and train workers who handle hazardous substances
- Remove powered industrial trucks in need of repair from service
- Provide machine guarding
- Label spray bottles containing hazardous chemicals
- Provide employees with baseline audiograms and train all employees exposed to excessive noise
Two other violations were cited for failure to train employees who work in the area where lockout/tagout is performed on the purpose and use of energy control procedures. The employer also failed to notify employees upon first entering employment and annually thereafter about noise exposure records, the person responsible for maintaining and providing access to noise exposure records, and their rights to access medical and/or exposure records. An other-than-serious violation carried a $990 penalty.
Corporate Resources Services employed the temporary workers and supplied labor to Maplewood Beverage. OSHA cited the temporary employment agency for two serious health and safety violations for failure to conduct a hazard assessment of the workplace, ensure that each employee was informed of the effects of noise on hearing, and inform each employee about hearing protectors. The serious violations carry an $11,000 penalty.
Bureau of Labor Statistics preliminary data from the Census of Fatal Occupational Injuries shows fatal work injuries involving contractor worker fatalities, including temporary help service workers, accounted for 708, or 16%, of the 4,383 fatal work injuries in 2012.
Westwind Contracting Inc. Cited for Serious Safety Violations at Florida Work Site
Westwind Contracting, Inc., of Pembroke Park, was cited by OSHA for one willful and two serious violations for exposing workers to safety hazards while installing concrete catch basins for storm water along State Road 84 in Davie. . Proposed penalties total $76,300.
"Workers at this site were needlessly exposed to safety hazards on multiple occasions," said Condell Eastmond, OSHA's area director in Fort Lauderdale. "If the excavation wall collapsed, it would have crushed the unprotected trench workers in seconds."
The $70,000 willful citation was issued to the employer for failing to provide a safe working environment for employees working in a 7-to-9-foot-deep trench without necessary safety protection.
Two serious violations, with $6,300 in penalties, were cited because the employer failed to provide a safe means to enter and exit the excavation site and failed to ensure that the employees who worked at the bottom of the trench were protected from falling material or equipment.
OSHA standards require that all trenches and excavation sites 5 feet or deeper be protected against sidewall collapses. Protection may be provided through shoring of trench walls, sloping of the soil at a shallow angle or by using a protective trench box.
Florida's GLF Construction Corp. Cited Following Worker Being Crushed
On January 16, 2014, David Kimberl, an 18-year-old laborer was crushed to death when a bridge panel, weighing nearly 1800 lb, fell on him while he was dismantling a section of the old Aucilla River Bridge on US 98 in Lamont. Kimberl was on the job for one week and had never worked in bridge construction. OSHA cited GLF Construction Corp., for 14 safety violations following its investigation of the fatality.
"This tragedy could have been prevented if the employer followed proper safety procedures to secure the bridge panels from falling over," said Brian Sturtecky, OSHA's area director in Jacksonville. "This young man didn't even earn his first paycheck from GLF Construction when he paid the ultimate price of working on a mismanaged project. The only difference between a safe act and an unsafe act depends on the level of importance an employer places on doing what is right," Sturtecky added.
Fourteen serious violations include the employer's failure to provide instruction to recognize and avoid unsafe conditions associated with bridge panels falling over if they were not properly secured; failing to provide fall protection for employees working near the edge of a trestle; not providing training for workers to recognize struck-by hazards while working around cranes; allowing materials to be loaded by a person who was not a qualified rigger; and not removing several synthetic web slings from service that were punctured, cut, and torn.
GLF Construction is a subsidiary of Grandi Lavori Fincosit SpA of Rome, Italy, that was established in 1905. It is an international engineering and construction company, specializing in heavy civil, marine works, major bridge structures, general contracting, design-build, and historical renovation. GLF Construction has over 3,500 employees worldwide providing extensive design, engineering and construction services to both the public and private sectors. The company has its US headquarters in Miami, Florida, with divisional offices in Dallas, Texas, and Wilmington, North Carolina.
OSHA's proposed penalties total $72,000.
Sonic Creations Inc. Cited for Repeat and Serious Safety Violations
Sonic Creations, Inc., of Destin, Florida, has been cited by OSHA for three repeat and two serious safety violations for failing to provide workers who were framing houses with required protection from falls. Falls are the leading cause of death in the construction industry and are responsible for thousands of serious injuries each year. Following an inspection in January 2014, OSHA issued citations at the Water Color subdivision in Santa Rosa Beach. Penalties total $53,020.
"This employer has been cited five times in the past 11 months for unsafe working conditions and yet we are still finding safety issues unaddressed," said Brian Sturtecky, director of OSHA's Jacksonville Area Office. "When employers take shortcuts related to safety and health they are gambling with workers' lives."
The repeat citations involve the employer failing to provide a fall protection system for employees working and walking on elevated surfaces and failing to ensure employees were provided personal protective equipment for the head, eyes, and face. OSHA proposes $45,430 in penalties for the repeat violations. Sonic Creations was cited for these same violations in November 2013.
The serious citations, with $7,590 in penalties, involve the employer's failure to keep the work site free from hazardous debris, such as construction materials and scrap lumber with protruding nails, and not protecting workers from falling to the lower level on scaffolding.
The page offers fact sheets, posters, and videos that vividly illustrate various fall hazards and appropriate preventive measures.
OSHA Cites Cereal Manufacturer for Exposing Workers to Serious Safety Hazards
California Cereal Products, Inc., was cited by OSHA for nine serious safety and health violations for exposing full-time and temporary workers to electrical, fall, and noise hazards following an inspection at the company's cereal production facility in Macon. The agency initiated the December 2013 inspection because of a complaint. Penalties total $40,600.
"The employer has failed to protect full-time and temporary workers from easily identified workplace hazards that can result in death or permanent disability," said Bill Fulcher, director of OSHA's Atlanta-East Area Office. "Allowing workers to be exposed to serious hazards demonstrates a lack of commitment to employee safety and health."
With $39,900 in penalties, the serious safety and health violations include the employer's failure to provide permanent and temporary workers with training to protect themselves from moving machine parts during servicing and maintenance activities and for exposing workers to fall hazards.
Other violations, with $700 in penalties, were cited for failure to conduct training for workers required to use powered industrial trucks and for not ensuring the required load safety data plates were intact and visible.
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